Union Pacific Railroad Company (UP)
filed a notice of exemption under 49 C.F.R. § 1152 Subpart F–Exempt
Abandonments to abandon a 1.15-mile line of railroad, on the Brea Chemical
Industrial Lead, from milepost 507.5 to milepost 508.65 near the City of Brea,
in Orange County, Cal.Notice of the
exemption was served and published in the FederalRegister on
April 21, 2010 (75 Fed. Reg. 20,874).The exemption is scheduled
to become effective on May 21, 2010.

The Board’s Section of
Environmental Analysis (SEA) served an environmental assessment (EA) in this
proceeding on April 26, 2010.In the EA, SEA states that the National Geodetic Survey (NGS) has identified
3 geodetic station markers that may be affected by the proposed
abandonment.Therefore, SEA recommends a
condition requiring UP to consult with NGS and notify NGS at least 90 days
prior to beginning any salvage activities that could disturb or destroy any
geodetic station markers.

SEA also states in the EA that OrangeCounty is one of California’s coastal counties subject to
state coastal management requirements.Therefore,
SEA recommends a condition requiring that, prior to beginning any salvage
activities, UP shall consult with the California Coastal Commission (CCC) to
determine whether state coastal management consistency certification is required.If consistency certification is required, UP shall
notify SEA pursuant to the Coastal Zone Management Act, 16 U.S.C. § 1451 etseq., and the Board’s environmental regulations at 49 C.F.R. § 1105.9
and shall be prohibited from performing any salvage activities until it obtains
consistency certification.

Finally, SEA states in the EA that UP submitted a historic
report to the California Department of Parks and Recreation, Office of Historic
Preservation (SHPO), pursuant to 49 C.F.R. § 1105.8(c).However, at the time the EA was served, the SHPO
had not yet commented on the historic report, and SEA has not been able to
consider the SHPO’s opinion in determining whether
the rail line may be potentially eligible for listing on the National Register
of Historic Places.Therefore, SEA
recommends a condition requiring UP to retain its interest in and take
no steps to alter the historic integrity of all historic properties, including sites,
buildings, structures, and objects within the right-of-way (the Area of
Potential Effect) that are eligible for listing or listed in the National
Register of Historic Places (National Register) until the section 106 process
of the National Historic Preservation Act, 16 U.S.C. § 470f, has been
completed.UP shall report back to SEA
regarding any consultations with the SHPO, any other section 106 consulting
parties that have been identified, and the public.UP may not file its consummation notice or
initiate any salvage activities related to abandonment (including removal of
track and ties) until the section 106 process has been completed and the Board
has removed this condition.

Comments to the EA were due by May
11, 2010.No comments were
received.Accordingly, the conditions
recommended by SEA in the EA will be imposed.

As conditioned, this decision will
not significantly affect either the quality of the human environment or the
conservation of energy resources.

It is
ordered:

1.This proceeding is reopened.

2.Upon reconsideration, the exemption of the
abandonment of the rail line described above and covered by the notice served
and published in the FederalRegister on
April 21, 2010, is subject to the conditions that UP shall:(1) consult with NGS and notify NGS at least
90 days prior to beginning salvage activities that could disturb or destroy any
geodetic station markers; (2) prior to commencement of any salvage activities, (a)
consult with the California Coastal Commission to determine whether state
coastal management consistency certification is required, (b) if the
consistency certification is required, notify SEA pursuant to the Coastal Zone
Management Act, 16 U.S.C. § 1451 etseq., and the Board’s
environmental regulations at 49 C.F.R. § 1105.9 and be prohibited from
performing any salvage activities until it obtains consistency certification;
and (3) (a) retain its interest in and take no steps to alter the historic
integrity of all sites, buildings, structures, and objects within the
right-of-way (the Area of Potential Effect) that are eligible for listing or
listed in the National Register until the section 106 process has been
completed, (b) report back to SEA regarding any consultations with the SHPO,
any other section 106 consulting parties that have been identified, and the
public, and (c) not file its consummation notice or initiate salvage
activities related to the abandonment (including the removal of tracks and
ties) until the section 106 process has been completed and the Board has
removed this condition.